District of New Mexico
Press releases recorded for this federal judicial district.
Roswell Man Pleads Guilty to Federal Heroin Trafficking ChargeRead the Press Release
ALBUQUERQUE – Cecil Edward Sexton, 73, of Roswell, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Sexton and his co-defendant Cheryl Ann Gruette, 51, also of Roswell, were arrested on June 16, 2015, on a criminal complaint charging them with conspiracy and possession of heroin with intent to distribute in Chaves County, N.M., on Jan. 2, 2015. According to the complaint, Chaves County Metro Narcotics Task Force Agents executed a state search warrant on Sexton’s vehicle and residence in Roswell where they seized a total of 273.6 grams of heroin, $1,352.00 in cash, pill bottles, prescription slips in Sexton’s name, drug paraphernalia, and two rifles.
Sexton and Gruette were subsequently indicted on Sept. 16, 2015, and charged with conspiracy to distribute heroin from Sept. 25, 2014 through Jan. 2, 2015, and possession of heroin with intent to distribute on Jan. 2, 2015. Both offenses alleged took place in Chaves County.
During today’s plea hearing, Sexton pled guilty to conspiracy to possess heroin with intent to distribute. Sexton admitted that on Jan. 2, 2015, he and Gruette traveled to Albuquerque, N.M., to obtain 179.3 grams of heroin from their source of supply and then returned to Roswell. In Roswell, law enforcement agents found the 179.3 grams of heroin while executing a state search warrant, they also found an additional 94.3 grams of heroin inside Sexton’s residence. Sexton admitted that he and Gruette intended to distribute the 273.6 grams of heroin to others.
At sentencing Sexton faces a maximum of 20 years in prison followed by not less than three years of supervised release. He remains in custody pending a sentencing hearing which has yet to be scheduled.
Gruette has entered a not guilty plea to the complaint and indictment. Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt. Gruette is currently scheduled for trial on Dec. 14, 2015.
This case was investigated by the Las Cruces office of the DEA, the Chaves County Metro Narcotics Task Force and the Roswell Police Department. Assistant U.S. Attorney Anna R. Wright of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Hobbs Man Pleads Guilty to Unlawful Possession of Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Carlos Chavez, 37, of Hobbs, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to being a felon in possession of a firearm under a plea agreement with the U.S. Attorney’s Office.
During today’s proceedings, Chavez pled guilty to a felony information charging him with being a felon in possession of a firearm and ammunition. In entering his guilty plea, Chavez admitted that on June 28, 2015, he unlawfully possessed a firearm and ammunition. At the time, Chavez was prohibited from possessing firearms and ammunition because he had previously been convicted of at least one felony.
At sentencing, Chavez faces a statutory maximum penalty of 10 years in federal prison followed by up to three years of supervised release. Chavez remains in custody pending a sentencing hearing which has yet to be scheduled.
Court records reflect that Chavez was arrested in Aug. 2015, on related state charges filed in the 5th Judicial District Court for the State of New Mexico (Lea County, N.M.).
This case was investigated by the Las Cruces office of the DEA, the Lea County Drug Task Force and the Hobbs Police Department with assistance from the 5th Judicial District Attorney’s Office. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case.
The Lea County Drug Task Force is comprised of officers from the Lea County Sheriff’s Office, Hobbs Police Department, Lovington Police Department, Eunice Police Department the Tatum Police Department and the Jal Police Department, and is part of the NM HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Arizona Woman Pleads Guilty to Federal Heroin Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Fabiola Soriano-Tlapanco, 26, of Phoenix, Ariz., pleaded guilty today to heroin trafficking charges in federal court in Albuquerque, N.M., under a plea agreement with the U.S. Attorney’s Office.
Soriano Tlapanco and co-defendant Annais Moreno, 34, also of Phoenix, were arrested in May 2015, on a criminal complaint charging them with conspiracy and possession of heroin with intent to distribute after DEA agents allegedly found almost four kilograms of heroin concealed in their baggage during an interdiction investigation at the Greyhound Bus Station in Albuquerque, on May 16, 2015. The duo were indicted on the same charges on June 9, 2015.
During today’s proceedings, Soriano-Tlapanco pled guilty to a felony information charging her with possession of heroin with intent to distribute. Soriano-Tlapanco admitted that on May 16, 2015, she and Moreno were to be paid to transport approximately 3.95 kilograms of heroin from Glendale, Ariz. to Denver, Colo., when they were stopped by law enforcement officers while traveling through Albuquerque on the Greyhound Bus.
On Oct. 26, 2015, Moreno pled guilty to a felony information charging her with possession of heroin with intent to distribute. Moreno admitted that on May 16, 2015, she and Soriano-Tlapanco transported 3.95 kilograms of heroin while traveling through Albuquerque on the Greyhound Bus. Moreno further admitted that she was transporting the heroin from Glendale, Ariz. to Denver, Colo.
At sentencing, Soriano-Tlapanco and Moreno each face a statutory maximum of 20 years in federal prison. Both women remain in custody pending sentencing hearings which have yet to be scheduled.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Kimberly A. Brawley is prosecuting the case.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Albuquerque Man Arrested for Unlawful Possession of Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Grant Hykes, 34, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with being a felon in possession of a firearm. Hykes remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled on Nov. 16, 2015.
The criminal complaint, filed earlier today by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), charges Hykes with unlawfully possessing a firearm and ammunition in Bernalillo County, N.M., on Nov. 12, 2015. Hykes was prohibited from possessing firearms or ammunition because he previously has been convicted of aggravated assault with a deadly weapon, receiving stolen property, and possession of a controlled substance.
According to the criminal complaint, the investigation leading to Hykes’ arrest began yesterday afternoon when the Bernalillo County Sheriff’s Office (BCSO) received a report that Hykes was allegedly threatening a BCSO detective. The complaint alleges that, when BCSO officers located Hykes in a parking lot in northeast Albuquerque, they observed him reach into his waistband and put his hands into the bed of a truck. When the officers approached Hykes and the truck, they allegedly observed a semi-automatic pistol in the truck’s bed; the pistol was loaded with 14-rounds of ammunition. Knowing that Hykes was a convicted felon, the BCSO officers arrested him for being a felon in possession of a firearm. While searching Hykes incident to arrest, the officers allegedly found a holster containing a magazine with 14-rounds inside Hykes’ waistband. The pistol found in the truck’s bed allegedly fit into the holster.
If convicted on the charge alleged in the criminal complaint, Hykes faces a statutory maximum sentence of ten years in prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the ATF office in Albuquerque and the BCSO. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.
Suspended APS Kindergarten Teacher Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Joshua Weitz, 39, of Albuquerque, N.M., made his initial appearance in federal court this morning on a criminal complaint charging him with distribution, receipt and possession of visual depictions of minors engaged in sexually explicit conduct. Weitz remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for November 13, 2015.
Weitz was arrested last night on the criminal complaint which alleges that he distributed, received and possessed child pornography between Oct. 11, 2015 and Oct. 22, 2015, in Bernalillo County, N.M. At the time, Weitz allegedly committed these offenses he was employed as a kindergarten teacher by the Albuquerque Pubic Schools (APS). APS suspended Weitz’s employment following his arrest earlier this month on related state charges.
According to the criminal complaint, the investigation into Weitz began on Oct. 11, 2015, when an agent of the New Mexico Internet Crimes Against Children (ICAC) Task Force identified a computer with a specific IP address that was being used to share child pornography files. The criminal complaint alleges that between Oc. 11, 2015 and 22, 2015, the investigators were able to download a number of child pornography files from the computer at the IP address.
The criminal complaint alleges that further investigation revealed that the aforementioned IP address was subscribed to Weitz. On Nov. 4, 2015, a state court search warrant was executed at Weitz’ residence, and ICAC Task Force agents found Weitz allegedly in possession of a computer containing 40 files of child pornography. Weitz was arrested that day on related state charges which currently remain pending.
If convicted of the federal distribution or receipt of child pornography charges, Weitz faces a mandatory minimum of five years and a maximum of 20 years in prison. If convicted of the federal possession of child pornography, he faces a maximum of 20 years in prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the New Mexico ICAC Task Force, the Bernalillo County Sheriff’s Office, the Albuquerque office of the FBI and the New Mexico Regional Computer Forensics Laboratory with assistance from the New Mexico Office of the Attorney General. Assistant U.S. Attorney Sarah Mease is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Taos Pueblo Man Sentenced to Prison for Federal Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE—Keith E. Lucero, 27, a member and resident of Taos Pueblo, N.M., was sentenced this morning in federal court in Santa Fe, N.M., to 37 months in federal prison followed by three years of supervised release for his conviction on involuntary manslaughter and assault resulting in serious bodily injury charges.
Lucero was arrested on July 28, 2014, on an indictment charging him with killing an Indian man and assaulting another Indian man, causing him to suffer serious bodily injury on March 2, 2014. The indictment alleged that Lucero committed these crimes while driving under the influence of alcohol in Indian Country in Taos County, N.M.
According to court filings, Lucero killed a Taos Pueblo man who was in Lucero’s vehicle during a crash in El Prado, N.M., while Lucero was under the influence of alcohol. Another Taos Pueblo man who was also a passenger in the vehicle sustained serious bodily injuries as a result of the crash.
On June 3, 2015, Lucero pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Taos Pueblo Department of Public Safety. Assistant U.S. Attorney Elaine Y. Ramirez prosecuted the case.
Navajo Man Pleads Guilty to Failing to Update His Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Darrick Negale, 30, an enrolled member of the Navajo Nation who resides in Albuquerque, N.M., pleaded guilty today in federal court to violating the Sex Offender Registration and Notification Act (SORNA). The guilty plea was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E. Candelaria.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Negale was charged in a criminal complaint on Oct. 26, 2012, with violating SORNA by failing to update his sex offender registration. On Sept. 10, 2013, Negale was indicted on that same charge. According to the indictment, Negale failed to update his registration between Sept. 25, 2012 and Oct. 10, 2012, in Bernalillo County, N.M.
Negale was convicted of sexual abuse of a minor in Indian Country in June 2007. On May 6, 2010, Negale registered as a sex offender in Bernalillo County and agreed to notify the sheriff of the county to which he moved if he relocated outside of the county. Negale last registered as a sex offender on Oct. 3, 2011, in Bernalillo County and subsequently failed to notify the U.S. Probation Office of his whereabouts when he left a residential reentry program in Albuquerque without permission on Sept. 27, 2012.
During today’s hearing, Negale pled guilty to the indictment without the benefit of a plea agreement. At sentencing, Negale faces a statutory maximum penalty of ten years in federal prison followed by a minimum of five years of supervised release. Negale will also be required to register as a sex offender following his term of incarceration. Negale remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Las Cruces Resident Sentenced to Ten Years for Trafficking Heroin in Doña Ana CountyRead the Press Release
ALBUQUERQUE – Esther Soliz, 51, of Las Cruces N.M., was sentenced today in Las Cruces federal court to ten years in federal prison followed by five years of supervised release for heroin trafficking charges in connection with five cases filed in 2013, as the result of a multi-agency investigation into drug trafficking in Doña Ana County, N.M.
Soliz, together with a Mexican national and 19 other Las Cruces residents, were charged with heroin trafficking offenses in five indictments filed in Nov. 2013, as a result of a multi-agency investigation led by the FBI that targeted the heroin trafficking activities of Jovita Belmonte-Gonzalez in Doña Ana County. Belmonte-Gonzales, 46, a Mexican national from Ciudad Juarez, Chihuahua, Mexico, was named as the lead defendant in four of five indictments which charged her with supplying heroin to five drug trafficking organizations that distributed heroin in Doña Ana County.
The lead defendant, Belmonte-Gonzalez, pled guilty to heroin trafficking charges in four of the five cases in June 2014, and admitted conducting frequent heroin transactions with her co-defendants between June 2013 and Oct. 2013. Court records reflect that Belmonte-Gonzalez typically negotiated heroin sales by telephone from Juarez and her co-defendants traveled from Doña Ana County to Juarez where they purchased the heroin from her and later distributed the drugs in Doña Ana County. Belmonte-Gonzales faces a mandatory minimum of ten years in prison and a maximum of life in prison, and will be deported after she completes her prison sentence. She remains in federal custody pending her sentencing hearing, which has yet to be scheduled.
Soliz entered a guilty plea to the indictment on Dec. 5, 2014, and admitted conspiring, purchasing and transporting heroin for Belmonte-Gonzalez to distribute in Doña Ana County from Sept. 25, 2013 through Oct. 27, 2013.
All 21 of the defendants arrested as a result of the investigation have entered guilty pleas. Nineteen defendants have been sentenced, and the remaining two are currently awaiting sentencing hearings.
These cases are being prosecuted by Assistant U.S. Attorney E. Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office. The investigation leading to the charges in the four cases was led by the Las Cruces office of the FBI in collaboration with U.S. Customs and Border Protection, the U.S. Border Patrol, the Las Cruces office of the DEA, the U.S. Marshals Service, the Las Cruces Police Department and the Doña Ana County Sheriff’s Office.
The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Las Cruces Man Sentenced to Fourteen Years for Violating Federal Narcotics Trafficking LawsRead the Press Release
ALBUQUERQUE – Mario Orlando Jude Serrano, 34, of Las Cruces, N.M., was sentenced today in federal court to 168 months in prison followed by three years of supervised release for his methamphetamine trafficking conviction.
Serrano was arrested on Dec. 19, 2012, on a criminal complaint charging him with conspiracy and possession of methamphetamine with intent to distribute on Dec. 18, 2012, in Doña Ana County, N.M. According to the criminal complaint, on Oct. 18, 2012, HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force officers executed a traffic stop on Serrano’s vehicle based on information from Homeland Security Investigations (HSI) that Serrano was trafficking methamphetamine from Truth or Consequences, N.M., to Las Cruces. Further investigation revealed that Serrano and his wife were carrying quantities of methamphetamine inside their body cavities when they were stopped by law enforcement officers on Oct. 18, 2012.
Serrano was subsequently indicted on Dec. 11, 2013, and charged with conspiracy to possess methamphetamine with intent to distribute on Oct. 18, 2012, possession of methamphetamine with intent to distribute from Oct. 18, 2012 through Oct. 22, 2012, and being a felon in possession of firearms and ammunition on Oct. 18, 2012. All crimes alleged in the indictment took place in Doña Ana County. Serrano was prohibited from possessing firearms or ammunition because of his previous felony convictions of possession of a controlled substance, felon in possession of a firearm, distribution of marijuana, burglary and receiving stolen property.
On July 15, 2014, Serrano pled guilty to the indictment and admitted that on Oct. 18, 2012, a total amount of 106.9 grams of pure methamphetamine was recovered from inside his and his wife’s bodies. Serrano further admitted that on Oct. 18, 2012, law enforcement officers executed a search warrant at a house where Serrano had been staying and found a handgun and ammunition which belonged to Serrano. Serrano admitted that it was illegal for him to possess a firearm and ammunition because he had been convicted of multiple felonies.
This case was investigated by the Las Cruces offices of the DEA, HSI and the Bureau of Alcohol, Tobacco, Firearms and Explosives, the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and the Las Cruces Police Department. Assistant U.S. Attorneys Renee L. Camacho and Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office prosecuted this case.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Doña Ana County Man Sentenced to Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Mark Jessie Rodriguez, 25, of Las Cruces, N.M., was sentenced today in Las Cruces federal court to 108 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Rodriguez and co-defendant Derek Cruz Rubalcava, 25, also of Las Cruces, were arrested on a criminal complaint on July 25, 2014, in Doña Ana County, N.M. The two men subsequently were indicted on methamphetamine trafficking charges in a four-count indictment filed in Nov. 2014.
Count 1 of the indictment charged Rubalcava and Rodriguez with conspiracy to distribute methamphetamine in July 2014. Count 2 charged Rubalcava with distributing methamphetamine on July 24, 2014. Counts 3 and 4 each charged Rubalcava with possessing methamphetamine with intent to distribute on July 25, 2014. According to the indictment, the two men committed these crimes in Doña Ana County, N.M.
On Jan. 6, 2015, Rodriguez entered a guilty plea to a felony information charging him with possession of methamphetamine with intent to distribute. In his plea agreement, Rodriguez admitted supplying the methamphetamine that Rubalcava sold to the undercover agent on July 24, 2014. He also admitted supplying the methamphetamine seized from Rubalcava and from Rubalcava’s residence on July 25, 2014.
Rubalcava also pled guilty on Jan. 6, 2015, to a felony information charging him with possession of methamphetamine with intent to distribute. In entering his guilty plea, Rubalcava admitted selling approximately six ounces of methamphetamine to an undercover FBI agent for $4,600.00 on July 24, 2014. Rubalcava also admitted negotiating the sale of approximately eight ounces of methamphetamine to the same FBI agent for $6,400.00. He was arrested before the transaction was completed. At the time of his arrest, Rubalcava was in possession of a portion of the methamphetamine that he intended to sell to the FBI agent and the rest of the methamphetamine was seized from his residence pursuant to a search warrant. Rubalcava was sentenced on Oct. 8, 2015.
This case was investigated by the Las Cruces office of the FBI and the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force. The case was prosecuted by Assistant U.S. Attorney Amanda Gould of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Arizona Man Sentenced to Three Years in Federal Prison for Wire Fraud Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Joseph Lawler, 55, of Peoria, Ariz., was sentenced today in federal court in Albuquerque, N.M., to 36 months in prison followed by three years of supervised release for his wire fraud conviction. Lawler also was ordered to pay $478,510.00 in restitution to the victims of his crime. The sentence was announced by U.S. Attorney Damon P. Martinez and Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division.
On June 26, 2015, Lawler pled guilty to all 12 counts of a superseding indictment that was filed on June 9, 2015, and alleged that between Aug. 2010 and July 2014, Lawler engaged in an illegal scheme to defraud investors of hundreds of thousands of dollars. Lawler executed the scheme by causing others to create a company, Projaris Management, LLC (Projaris), that purported to provide investment services. He also caused others to open four accounts for Projaris at a bank in Farmington, N.M., and one account at a bank in Phoenix, Ariz. Although the bank accounts were not in Lawler’s name and he was not an authorized signer, Lawler exercised sole control over the bank accounts.
The superseding indictment alleged that Lawler used Projaris and the bank accounts to execute a scheme to defraud investors in Projaris by making false representations to obtain investment funds which he used for other purposes. Lawler falsely represented to investors that their funds would be invested in gold, silver, real estate, or real estate investment trust funds. Instead, Lawler used investors’ funds to pay other Projaris investors who threatened to report him to law enforcement authorities. Lawler also used investors’ funds to pay for his living expenses and vehicles.
The superseding indictment includes forfeiture allegations which assert that Lawler derived at least $288,889.50 as a result of his criminal conduct and which require that Lawler forfeit money or assets in that amount.
This case was investigated by the Albuquerque office of the FBI and was prosecuted by Assistant U.S. Attorney Tara C. Neda.
Arizona Man Sentenced to Federal Prison for Heroin Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – David Mendez Bojorquez, 60, of Phoenix, Ariz., was sentenced this afternoon in federal court in Albuquerque, N.M., to 33 months in prison followed by three years of supervised release for his heroin trafficking conviction.
Mendez Bojorquez was arrested on Dec. 8, 2014, at the Greyhound Bus Station in Albuquerque, N.M., after DEA agents and task force officers executed a federal search warrant on his suitcase and found a package containing more than a gross kilogram of heroin. Mendez Bojorquez subsequently was indicted on Dec. 16, 2014, and charged with possession of a mixture and substance containing a detectable amount of heroin.
On Jan. 26, 2015, Mendez Bojorquez pled guilty to a felony information charging him with possession with intent to distribute a mixture and substance containing a detectible amount of heroin. In his plea agreement, Mendez Bojorquez admitted that he had heroin in his suitcase when he was encountered by law enforcement officers at the Greyhound Bus Station on Dec. 7, 2014. He further admitted that the officers found and seized the heroin after obtaining a search warrant for his suitcase.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. The case is being prosecuted by Assistant U.S. Attorney David M. Walsh.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Three Albuquerque Businessmen Sentenced to Probation for Federal Tax Fraud ConvictionsRead the Press Release
ALBUQUERQUE – Three brothers, all naturalized U.S. citizens from Armenia, were sentenced to terms of probation this morning in Albuquerque, N.M., for conspiring with each other to defraud the United States of corporate income tax due and owing from their jointly owned business, announced U.S. Attorney Damon P. Martinez and Ismael Nevarez, Jr., Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Hrant Kostanian, 51, Hrair Kostanian, 56, and Gayk Kostanian, 60, were each sentenced to a five-year term of probation. The brothers also were ordered jointly to pay $263,600.00 in restitution to the IRS, the amount of corporate income taxes they jointly evaded. In addition, the three brothers were ordered individually to pay restitution to the IRS as follows for evading personal income taxes: Hrant Kostanian, $33,312.00; Hrair Kostanian, $20,386.00; and Gayk Kostanian, $16,059.00. In addition to the restitution payments, Hrant Kostanian and Hrair Kostanian each were ordered to pay fines in the amount of $15,810.65.
The three brothers were indicted on Sept. 23, 2014, and charged with one count of conspiracy and four counts of tax evasion. Count 1 of the indictment charged the three brothers with conspiracy to defraud the United States of corporate taxes owed on income generated by Pro Billiards, Inc., a New Mexico corporation jointly owned by the brothers that does business as “Billiards Palace” in northeast Albuquerque. The conspiracy count also alleges that the Kostanians also evaded personal income tax due and owing on their personal incomes. The brothers are charged with evading approximately $263,600.00 in corporate taxes during tax years 2007, 2008, 2009 and 2010. More specifically, the Kostanians evaded federal taxes owed by their business by underreporting their income as follows:
Count 2 charges the Kostanians with evading $58,834.00 in federal taxes by falsely claiming that their business had $694,293.00 in taxable income in 2007 when in fact it had $906,003.00 in taxable income that year. Count 3 charges the brothers with evading $25,521.00 in federal taxes by falsely claiming that their business had $624,034.00 in taxable income in 2008 when in fact it had $773,289.00 in taxable income that year. Count 4 charges them with evading $33,810.00 in federal taxes by falsely claiming that their business had $543,224.00 in taxable income in 2009 when in fact it had $684,694.00 in taxable income that year. Count 5 charges the Kostanians with evading $10,485.00 in federal taxes by falsely claiming that their business had $476,439.00 in taxable income in 2010 when in fact it had $773,289.00 in taxable income that year.
According to the indictment, the Kostanians perpetuated their fraud against the United States by maintaining false books and records for their business in order to conceal their actual corporate income. The brothers presented the false books and records to their corporate accountant, which caused their accountant to file false corporate income taxes with the IRS. The indictment also stated that the Kostanians diverted the unreported income to their own personal use and maintained a separate accounting ledger that showed their business’s actual income.
On May 6, 2015, the Kostanians each entered a guilty plea to Count 1 of the indictment. In their plea agreements, the brothers admitted conspiring with each other to defraud the United States by obstructing the IRS’s ability to collect corporate income taxes owed by their business. Each admitted that they maintained false books and records that they presented to their corporate accountant for use in preparing the business’s income taxes for 2007, 2008, 2009 and 2010. They also admitted maintaining a separate accounting ledger that showed their business’s actual income. The conspiracy was discovered in Jan. 2011 and Feb. 2011, when Hrair Kostanian and Gayk Kostanian discussed the prospect of selling the business with undercover IRS agents and revealed that the business generated more income than reflected on the business’s corporate tax returns. On Feb. 23, 2011, Hrair and Gayk Kostanian showed the undercover IRS agents documents that detailed the business’s additional, unreported income.
In their plea agreements, all three brothers admitted that they evaded an aggregate of $263,600.00 in federal corporate taxes for tax years 2007 through 2010, by intentionally understating their business’s income. In addition, each of the Kostanians admitted evading his own taxes during that same period by understating his personal income. To that end, Hrant Kostanian admitted evading $33,312.00 in individual taxes; Hrair Kostanian admitted evading $20,386.00 in individual taxes; and Gayk Kostanian admitted evading $16,059.00 in individual taxes.
This case was investigated by the Albuquerque office of IRS Criminal Investigation and was prosecuted by Assistant U.S. Attorney Reeve L. Swainston.
Shiprock Man Sentenced to Ten Years for Discharging Firearm While Assaulting Four Indian Women and Two ChildrenRead the Press Release
ALBUQUERQUE – Jeffrey J. Franklin, 31, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to 120 month in prison followed by three years of supervised release for violating the federal firearms laws by discharging a firearm during an act of violence.
Franklin was arrested in Aug. 2014, on a criminal complaint charging him with assault with a dangerous weapon and abusing a child by placing the child in a situation that could endanger the child’s life. The complaint alleged that Franklin committed these crimes on Aug. 9, 2014, on the Navajo Indian Reservation in San Juan County, N.M. According to the complaint, on Aug. 9, 2014, Franklin assaulted four Indian women and two Indian children by firing shots while inside the residence of one of the victims and by firing shots at the victims’ vehicles. Two children were inside one of the vehicles when Franklin shot at the vehicle.
Franklin was subsequently indicted on Nov. 19, 2014, and charged with four counts of assault with a dangerous weapon with intent to do bodily harm, negligently placing minors in a situation that endangered the children’s health, and two counts of using and discharging a firearm during and in relation to a crime of violence.
On Aug. 5, 2015, Franklin pled guilty to one count of using and discharging a firearm during and in relation to a crime of violence.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorneys Novaline D. Wilson and Kyle T. Nayback prosecuted the case.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Men from Oregon and Pennsylvania Sentenced to Federal Prison Terms for Defrauding New Mexico-Based CompanyRead the Press Release
ALBUQUERQUE – Two men were sentenced to federal prison terms yesterday afternoon in Albuquerque, N.M., for participating in a conspiracy to defraud Kinesio USA LLC, a New Mexico-based company that sells therapeutic elastic tape and related products, and its related company, Kinesio Holding Corporation (together, Kinesio).
Johannes Jarvis, 43, of Portland, Ore., was sentenced to 46 months in prison followed by three years of supervised release, and John A. “Jack” Hope, 68, of Huntingdon Valley, Pa., was sentenced to 37 months followed by three years of supervised release. The defendants were ordered to pay restitution to Kinesio USA in the amount of $2,008,450.00. The sentences were announced U.S. Attorney Damon P. Martinez, Carol K.O. Lee, Special Agent in Charge of the Albuquerque Division of the FBI, and Ismael Nevarez, Jr., Special Agent in Charge of the Phoenix Field Office of IRS Criminal Investigation.
Jarvis and Hope were charged in an indictment filed on July 11, 2013, with a wire fraud conspiracy and money laundering. The indictment alleged that from late 2007 through April 2010, Jarvis and Hope conspired to defraud Kinesio of approximately $4.3 million, at least $1.2 million of which Jarvis and Hope retained as profits. At the time, Jarvis was the Director of Marketing for Kinesio, and Hope owned a printing business that operated in China that previously had been hired to produce marketing materials for Kinesio.
According to court filings, in 2007, Kinesio began looking for a new manufacturer for its therapeutic elastic tape, and Jarvis suggested searching for a manufacturer in China. Thereafter, Jarvis lied to Kinesio and reported that he had located a suitable manufacturer in China but that Kinesio would have to work through a broker to coordinate the business relationship. In April 2008, Jarvis and Hope incorporated Grace International (HK) Limited (“Grace International”) in Hong Kong, of which they were the sole owners. Jarvis told Kinesio that Grace International was an experienced company, when in reality it had no other clients. Jarvis represented to Kinesio that Grace International would broker the relationship between Kinesio and the tape manufacturer. In their plea agreements, Jarvis and Hope admitted that they concealed their ownership of the company because they knew that Kinesio would not have agreed to use Grace International as a broker if Kinesio had been aware that Jarvis and Hope were involved in it.
Relying on Jarvis’s misrepresentations, Kinesio entered into a contract with Grace International pursuant to which Kinesio paid Grace International to produce therapeutic elastic tape between July 2008 and Jan. 2010. During this period, Jarvis and Hope defrauded Kinesio by having Grace International charge Kinesio a significant undisclosed markup above the manufacturer’s price for the tape, which Jarvis and Hope hid from Kinesio. Jarvis and Hope shared the profits generated by the markup on a 65/35 split with Jarvis getting the larger share. As a means of continuing the deception, Jarvis and Hope sent emails to personnel at Kinesio that purported to be from employees at Grace International. The emails were composed in broken English so as to make it appear that they were written by a native Chinese speaker.
Jarvis and Hope each entered a guilty plea to the conspiracy to commit wire fraud alleged in the indictment. Jarvis entered his guilty plea on May 7, 2014, and Hope entered his guilty plea on May 5, 2014.
This case was investigated by the Albuquerque office of the FBI and IRS Criminal Investigation in Albuquerque and was prosecuted by Assistant U.S. Attorney C. Paige Messec.
Justin Brouillette Pleads Guilty to Federal Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Justin Brouillette, 21, of Albuquerque, N.M., pleaded guilty today in federal court to carjacking and firearms charges announced U.S. Attorney Damon P. Martinez, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD). Under the terms of his plea agreement, Brouillette will be sentenced in the range of 11 to 13 years in federal prison followed by a term of supervised release to be determined by the court.
Brouillette was arrested in July 2015, on a criminal complaint alleging that he used a firearm on July 8, 2015, to shoot at APD officers as they attempted to execute a traffic stop on Brouillette as he was driving in southeast Albuquerque. Shortly thereafter Brouillette crashed his vehicle into another vehicle (the Ford), and then attempted to carjack the Ford by brandishing a firearm at the Ford’s owner and ordering him out of the car. While Brouillette was attempting to carjack the Ford, APD officers drove into the area and Brouillette allegedly fled on foot after discharging the firearm at the officers for a second time.
Brouillette was subsequently indicted on July 30, 2015, and charged with being a felon in possession of a firearm, attempted carjacking, brandishing a firearm during a carjacking, and brandishing and discharging a firearm during a carjacking. The offenses charged in the indictment took place on July 8, 2015, in Bernalillo County, N.M. On that day, Brouillette was prohibited from possessing firearms or ammunition because of his status as a convicted felon. Court records reflect that Brouillette has two felony convictions for receiving or transferring stolen vehicles in the Second Judicial District Court for the State of New Mexico in Bernalillo County.
During today’s change of plea hearing, Brouillette pled guilty to two counts of the indictment charging him with carjacking and discharging a firearm in furtherance of the carjacking. Brouillette admitted that on July 8, 2015, as he attempted to escape from police and collided with another vehicle, he got out of his vehicle, pointed a gun at the other driver and ordered the other driver out of his vehicle. Brouillette further admitted that he attempted to take the other vehicle but it was disabled, he fired shots at the officers and then fled on foot.
This case was investigated by the ATF office in Albuquerque and APD. Assistant U.S. Attorney Presiliano A. Torrez is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Former NMMI Cadet Arrested in California on Federal Child Pornography Charges Filed in New MexicoRead the Press Release
ALBUQUERQUE – Josh Williams, 20, of Lakeside, Calif., was arrested on Nov. 4, 2015, in Lakeside, Calif., on a criminal complaint alleging child pornography charges that was filed on Oct. 27, 2015, in federal court in Las Cruces, N.M. Williams is scheduled to make his initial appearance on the criminal complaint this morning in the U.S. District Court in the Southern District of California in San Diego, Calif. During today’s proceeding, the court will address the process by which Williams will be transported from California to Las Cruces to face the charges against him.
The criminal complaint charges Williams with distribution, possession and attempted production of child pornography. It alleges that Williams committed these offenses in May 2015 in Roswell, N.M. At the time, Williams was enrolled as a cadet at the New Mexico Military Institute (NMMI).
According to the criminal complaint, the investigation into Williams began in Aug. 2014, when a father and minor child disclosed to the FBI that the child had been self-producing child pornography and sharing it with others by way of an internet chat room. The father surrendered the child’s cellular phone to the FBI and the FBI found it to contain alleged child pornography that had been shared with a specific account identified by a particular username.
Subsequent investigation revealed that Williams, then a NMMI cadet, was the alleged subscriber to aforementioned account and search warrants were obtained for Williams’ computers, cellphone and other digital media. Forensic examinations of Williams’ computer and cellphone allegedly revealed that they contained videos and images consistent with child pornography.
If convicted, Williams faces the following penalties for the crimes charged in the criminal complaint: distribution of child pornography – a mandatory minimum of five years and a maximum of 20 years in prison; possession of child pornography – a maximum of ten years in prison; and attempted production of child pornography – a maximum of 30 years in prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Roswell office of the FBI, New Mexico State Police, New Mexico Internet Crimes Against Children (ICAC) Task Force and the New Mexico Regional Computer Forensic Laboratory with assistance from the FBI in San Diego, Calif., and the U.S. Attorney’s Office for the Southern District of California. Assistant U.S. Attorney Marisa A. Lizarraga of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
The case is brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Former Employee of Albuquerque Half-Way House Arrested on Federal Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Monte A. Cason of the Department of Justice Office of Inspector General, Dallas Field Office, announced the arrest of Eric Trujillo, 35, of Albuquerque, N.M., on federal sexual abuse charges.
Trujillo was arrested last night on an indictment charging him with sexually abusing four female inmates living at a half-way house in Bernalillo County, N.M., that provides lodging and other services for federal inmates under a contract with the U.S. Bureau of Prisons. Trujillo made his initial appearance in federal court this morning and remains in custody pending an arraignment and a detention hearing which are scheduled for Nov. 9, 2015.
The seven-count indictment alleges that Trujillo sexually abused the four victims between June 2012 and March 2014. During that time, Trujillo was employed as a Resident Monitor by the half-way house.
Count 1 of the indictment alleges Trujillo forced a victim identified as Jane Doe 1 to engage in a sexual act in March 2014. Counts 2 through 4 allege that between Dec. 2013 and March 2014, Trujillo engaged in sexual acts with Jane Doe 1 by threatening her and placing her in fear. Count 5 alleges that in June 2012, Trujillo engaged in a sexual act with a victim identified as Jane Doe 2 at a time when she was physically incapable of declining to participate in the sexual act. Counts 6 and 7 charge Trujillo with engaging in sexual acts with two victims identified as Jane Doe 3 and Jane Doe 4 at times when they were in official detention and under Trujillo’s authority. Trujillo allegedly victimized Jane Doe 3 between Aug. 2012 and Nov. 2012, and Jane Doe 4 in Nov. 2012.
If convicted on Counts 1 through 5, Trujillo faces a statutory maximum penalty of life imprisonment. If convicted on Counts 6 and 7, he faces a statutory maximum penalty of 15 years in prison. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Dallas Field Office of the Department of Justice Office of Inspector General with assistance from the Albuquerque Police Department. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.
trujillo_indictment.pdf (563.73 KB)
Acoma Pueblo Man Pleads Guilty to Federal Child Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Emery Vallo, Sr, 60, a member and resident of Acoma, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to a felony information charging him with abusive sexual contact of a minor child. Under the terms of his plea agreement, Vallo will be sentenced within the range of ten to 15 years in federal prison followed by a term of supervised release to be determined by the court. Vallo will be required to register as a sex offender after completing his prison sentence.
Vallo was arrested on Oct. 23, 2015, on an indictment alleging that he sexually abused the child victim from May 1, 2002 through Sept. 1, 2003, and attempted to sexually abuse the child victim from March 1, 2007 through Sept. 1 2007. The charges alleged in the indictment took place in Indian Country in Cibola County, N.M.
During today’s change of plea hearing, Vallo entered a guilty plea to an aggravated sexual abuse charge. Vallo admitted sexually molesting a child on two separate occasions from May 1, 2002 through Sept.1, 2003, and attempting to sexually molest the same child from March 1, 2007 to Sept. 1, 2007.
In addition to his guilty plea, Vallo also admitted to sexually molesting a five year old child approximately 40 years ago when he was 18 years old. Vallo admitted that although the statute of limitations has since lapsed in this case, his admission is meant to be an acknowledgement to help provide solace to the victim who is still impacted by the incident.
Vallo has been in the custody of the U.S. Marshals Service since his arrest and will remain detained pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department. The case is being prosecuted by Assistant U.S. Attorney David Adams as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
U.S. Court of Appeals Affirms Conviction of Former Rio Arriba County Sheriff Thomas R. RodellaRead the Press Release
ALBUQUERQUE – The U.S. Court of Appeals for the Tenth Circuit has affirmed the conviction of Thomas R. Rodella, 53, the former Rio Arriba County Sheriff, on criminal civil rights and firearms charges.
Rodella was convicted on Sept. 26, 2014, by a jury on a two-count indictment arising out of a March 11, 2014 incident occurring in Rio Arriba County, N.M., during which Rodella engaged in an unjustified high-speed pursuit and unreasonable seizure of a victim. Count 1 of the indictment charged Rodella with violating the victim’s civil rights by subjecting him to an unreasonable seizure while acting under color of law. Count 2 charged him with brandishing a firearm during a crime of violence. Rodella was the Sheriff of Rio Arriba County when the jury returned its guilty verdict. He resigned from his position as Sheriff on Sept. 29, 2014.
The trial evidence established that on March 11, 2014, Rodella and his son Thomas Rodella, Jr., who were in Rodella’s personal vehicle, engaged in an unjustified high-speed pursuit of the victim and used the vehicle to block the victim’s vehicle on a dead-end lane. Rodella, who was not in uniform, jumped out of his vehicle with firearm in hand, entered the victim’s vehicle, and assaulted the victim with the firearm. Rodella, Jr., dragged the victim out of his vehicle and identified the victim’s assailant as the Sheriff. When the victim requested to see Rodella’s badge, Rodella pulled the victim’s head up by his hair and slammed his badge into the victim’s face. The victim suffered injuries to his face and his hand as a result of the assault; the injury to the victim’s hand required surgical repair.
On Jan. 21, 2015, Rodella was sentenced to 37 months in prison for his deprivation of rights conviction and an additional 84 months for brandishing a firearm while committing the civil rights offense, for an aggregate sentence of 121 months of imprisonment. Rodella also was ordered to pay a $200,000.00 fine.
The case was investigated by the Albuquerque and Santa Fe offices of the FBI and was prosecuted by Assistant U.S. Attorneys Tara C. Neda and Jeremy Peña. Assistant U.S. Attorney Peña represented the United States on appeal.
San Juan County Resident Arraigned on Federal Wire Fraud ChargesRead the Press Release
ALBUQUERQUE – Bobby Willis, 43, a resident of Kirtland, N.M., was arraigned this morning in federal court in Albuquerque, N.M., on an indictment charging him with wire fraud. Willis entered a not guilty plea and was released on pretrial conditions pending trial.
The two-count indictment, which was filed on Oct. 20, 2015, alleges that, from March 2010 through Aug. 2011, Willis executed an illegal scheme to defraud two victims of $1,000,000. According to the indictment, Willis allegedly offered the victims the opportunity to purchase a five-percent interest in a real estate investment company for $1,000,000 with the understanding that he and other individuals had also invested millions of dollars in the company. Willis then allegedly spent $995,000.00 of the victims’ $1,000,000 instead of investing the funds.
Count 1 of the indictment alleges that on Oct. 25, 2010, Willis caused $900,000.00 to be wire transferred from the bank account of the real estate investment company to his and his wife’s bank account. Count 2 alleges that on Nov. 12, 2010, Willis caused another $95,000.00 to be wire transferred from the real estate investment company’s bank account to his and his wife’s bank account. The indictment includes forfeiture provisions seeking a money judgment against Willis in the amount of $1,000,000.
If convicted, Willis faces a statutory maximum sentence of 20 years in prison and a maximum fine of $250,000.00. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the FBI and is being prosecuted by Assistant U.S. Attorney C. Paige Messec.
Santa Fe Man Sentenced to Federal Prison for Conviction on Oxycodone and Marijuana Trafficking ChargesRead the Press Release
ALBUQUERQUE – Ashraf Nassar, 32, of Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to 41 months in prison followed by three years of supervised release for participating in conspiracies to distribute Oxycodone and marijuana. Nassar also was ordered to pay a money judgment in the amount of $6,150.00 to the United States.
Nassar and co-defendants Phillip Anaya, 38, Daniel Trujillo, 32, Krystal Holmes, 29, and Sarah Romero, 36, all residents of five Santa Fe residents, were charged in Sept. 2013, with participating in an Oxycodone trafficking ring in a 16-count indictment. The indictment subsequently was superseded in Oct. 2013, to include two additional defendants, Clarence Lee Cline, II, 66, and Mary Ann DeStefano, 53, both also of Santa Fe, and adding five new charges including conspiracy to distribute marijuana, manufacturing marijuana and maintaining a place for the purpose of manufacturing marijuana.
Nassar, Anaya, Trujillo, Holmes and Romero were arrested in Sept. 2013, as part of a multi-agency law enforcement operation that included the execution of search warrants at three residences and a business in Santa Fe. The investigation, “Operation High Desert Bash,” was initiated in Jan. 2013 by the DEA’s Tactical Diversion Squad in Albuquerque, N.M., the Santa Fe Police Department and HIDTA Region III Narcotics Task Force in response to the epidemic increase in prescription drug abuse, addiction and overdose deaths in New Mexico, particularly among teens and young adults.
Operation Desert Bash investigation was designated as part of the Organized Crime Drug Enforcement Task Force (“OCDETF”) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation primarily targeted a drug trafficking organization unlawfully distributing quantities of Oxycodone in Santa Fe County. Oxycodone is an opioid narcotic pain reliever similar to morphine that is medically prescribed to treat moderate to severe pain and can be habit-forming. Officers seized approximately 7300 mg of Oxycodone during the investigation.
Count 1 of the 21-count superseding indictment charged the Nassar, Anaya, Trujillo, Holmes and Romero with conspiracy to distribute Oxycodone in Santa Fe County between Dec. 2012 and Sept. 2013. Counts 2 through 4 charged Nassar, Anaya and Holmes with substantive Oxycodone distribution offenses, Nassar, Anaya, Trujillo, Holmes and Romero were charged with using telephones to facilitate drug trafficking crimes in Counts 5 through 17. Count 18 charged Nassar, Cline and DeStefano with conspiracy to distribute marijuana. Counts 19 through 21 charged Cline and DeStefano with conspiracy to distribute marijuana, conspiracy to maintain a place for the purpose of manufacturing marijuana, and maintaining a place for the purpose of manufacturing marijuana.
On June 2, 2015, Nassar pled guilty to two counts of the superseding indictment; conspiracy to traffic Oxycodone and conspiracy to traffic marijuana. In entering the guilty plea, Nassar admitted that from Dec. 8, 2012 through Sept. 26, 2013, in Santa Fe he received Oxycodone from multiple sources of supply and would in turn provide that Oxycodone to re-distributers and users. Nassar also admitted that from Jan. 2, 2013 through Sept. 23, 2013, he was supplied “high grade” marijuana which he would then redistribute to other lower-level redistributors.
All of Nassar’s co-defendants have entered guilty pleas:
- Anaya pled guilty on Nov. 19, 2014, and was sentenced on April 9, 2015, to 46 months in prison followed by three years of supervised release.
- Trujillo pled guilty on Jan. 30, 2015, and was sentenced on April 2, 2015, to 18 months in prison followed by three years of supervised release.
- Romero pled guilty on Oct. 28, 2014, and was sentenced on March 26, 2015, to 18 months in prison followed by three years of supervised release.
- Holmes pled guilty on May 26, 2015, and was sentenced on Aug. 25, 2015, to 196 days in prison or time served followed by three years of supervised release.
- DeStefano pled guilty on March 27, 2015, and was sentenced on July 7, 2015, to five years of probation.
- Cline pled guilty on Sept. 4, 2015, and is currently scheduled for sentencing in Dec. 2015.
This case was investigated by the Tactical Diversion Squad of the DEA’s Albuquerque office, the Santa Fe Police Department and the HIDTA Region III Drug Enforcement Task Force, and is being prosecuted by Assistant U.S. Attorneys Shammara H. Henderson and Joel R. Meyers.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
The HIDTA Region III Drug Enforcement Task Force is comprised of officers from the New Mexico State Police, Santa Fe Police Department and Santa Fe County Sheriff’s Office. It is part of the High Intensity Drug Trafficking Areas (HIDTA) program which was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Las Cruces Man Sentenced to Federal Prison for Narcotics Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Eddie Gallardo, 32, of Las Cruces, N.M., was sentenced this morning in Las Cruces federal court to 78 months in prison followed by four years of supervised release for his conviction on cocaine and methamphetamine trafficking charges.
Gallardo was arrested on May 22, 2014, on a criminal complaint charging him with methamphetamine trafficking and being a felon in possession of a firearm. The complaint alleged that on May 13, 2014, Gallardo sold a handgun and methamphetamine to an undercover FBI agent. At the time, Gallardo was prohibited from possessing firearms or ammunition because he previously had been convicted of a drug trafficking offense.
Gallardo subsequently was charged in a seven-count indictment filed in Aug. 2014 with cocaine distribution on Aug. 7, 2013, Aug. 22, 2013 and Oct. 30,2013; methamphetamine distribution on Aug. 22, 2013, April 14, 2014 and May 13, 2014; and being a felon in possession of a firearm on May 13, 2014.
On Jan. 6, 2015, Gallardo pled guilty to the six drug trafficking crimes charged in Counts 1 through 6 of the indictment. In entering his guilty plea, Gallardo admitted selling cocaine and methamphetamine on six occasions to a law enforcement officer who was acting in an undercover capacity between Aug. 7, 2013 and May 13, 2014.
Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case. This is one of many cases generated by a 15-month investigation by the FBI’s Las Cruces Southwest Border/Safe Streets Task Force and the New Mexico HIDTA Regional Interagency Drug Task Force (Metro Narcotics Task Force). The investigation, which concluded in Aug. 2014, initially targeted methamphetamine manufacturers and traffickers operating out of Doña Ana County, but expanded to include individuals trafficking in other drugs and using firearms to facilitate their drug trafficking crimes. The investigation identified sources of drug supply in Los Angeles, Calif., Tucson, Ariz., and El Paso, Texas, who were supplying drug traffickers in southern New Mexico with high-grade methamphetamine, and led to the filing of criminal charges against 75 individuals, including 42 federal defendants and 33 state defendants. Law enforcement officers seized more than 29 pounds of methamphetamine, 37 pounds of cocaine, 4.5 ounces of heroin, 30 pounds of marijuana, 74 firearms and 17 vehicles during the course of the investigation.
Albuquerque Man Arraigned on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Paul Keenahan, 44, of Albuquerque, N.M., was arraigned this morning on an indictment charging him with distribution and possession of visual depictions of minors engaged in sexually explicit conduct. During this morning’s proceedings, Keenahan was ordered detained pending trial based on judicial findings that he poses a risk of flight and a danger to the community.
The federal indictment charges Keenahan with three counts of distribution of child pornography and three counts of possession of child pornography. It alleges that Keenahan committed the six offenses in Bernalillo County, N.M., between Nov. 2012 and July 2015.
According to court filings, Keenahan was initially charged with related state child pornography crimes in July 2015, and was released on a bond that included the condition that he not leave Bernalillo County without prior permission from the state court. On Aug. 28, 2015, the U.S. Marshals Service arrested Keenahan in Syracuse, N.Y., on a state arrest warrant that was issued after Keenahan violated his bond conditions. A federal criminal complaint was filed on Sept. 4, 2015, and the U.S. Marshals Service arrested Keenahan, who was in custody in New York on Sept. 24, 2015, on the federal charges. The federal indictment was filed on Oct. 7, 2015, while Keenahan was in the process of being transferred from New York to New Mexico to face the federal charges against him. He made his initial appearance in federal court yesterday.
According to the criminal complaint, the investigation into Keenahan began in July 2015, when the New Mexico Internet Crimes Against Children (ICAC) Task Force received a tip that a particular IP address was being used to share child pornography. Investigation revealed that the IP address was subscribed to a motel on Candelaria Road NE in Albuquerque, where it allegedly was being used by Keenahan, who was then employed by the motel and living at the motel.
The criminal complaint alleges that officers executed a state search warrant at Keenahan’s room on July 23, 2015, and seized a laptop computer containing files allegedly consistent with child pornography. Keenahan was arrested on state charges that day. A forensic examination of Keenahan’s laptop computer revealed that it contained more than 10,000 files of alleged child pornography.
The penalty upon conviction on each of the three distribution of child pornography charges is a mandatory minimum of 5 years and a maximum of 20 years in federal prison. The penalty upon conviction on the possession charge is a maximum of ten years in federal prison. Charges in criminal complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the New Mexico ICAC Task Force, Bernalillo County Sheriff’s Office, Albuquerque office of the FBI, Office of the New Mexico Attorney General, and the U.S. Marshals Service with assistance from the 2nd Judicial District Attorney’s Office and the U.S. Attorney’s Office for the Northern District of New York.
Assistant U.S. Attorney Sarah Mease is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Tatum, N.M., Man Charged with Violating Federal Narcotics Trafficking LawsRead the Press Release
ALBUQUERQUE – Robert Wraldo Duncan, Jr., 66, of Tatum, N.M., made his initial appearance this morning in federal court in Las Cruces, N.M., on a criminal complaint charging him with violating the federal narcotics trafficking laws. Duncan is being held pending a preliminary hearing and detention hearing scheduled for Nov. 4, 2015.
The criminal complaint, which was filed by the DEA, charges Duncan with possession of marijuana with intent to distribute. It alleges that Duncan committed the offense on Oct. 30, 2015, in Doña Ana County, N.M.
According to the complaint, Duncan was arrested on Oct. 30, 2015, by U.S. Border Patrol agents at the Border Patrol traffic checkpoint on Highway 70, west of Alamogordo, N.M. The arrest was made after the agents allegedly discovered 39 bundles of marijuana weighing an aggregate of 1,116.6 pounds concealed in a horse trailer that Duncan was towing with his vehicle. The agents also allegedly found an unloaded revolver in the center console of Duncan’s vehicle.
If convicted of the marijuana trafficking charge, Duncan faces a statutory minimum of five years and a maximum of 40 years in federal prison. Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of the DEA and the Alamogordo station of the U.S. Border Patrol. Assistant U.S. Attorney Randy M. Castellano is prosecuting the case.
Roswell Man Sentenced to Prison for Violating Federal Narcotics Trafficking LawsRead the Press Release
ALBUQUERQUE – Francisco Mejia, 44, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 46 months in prison followed by three years of supervised release for violating federal narcotics trafficking laws.
Mejia was arrested on March 17, 2015, on a criminal complaint charging him with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm on Feb. 24, 2015, in Chaves County, N.M. According to the complaint, the New Mexico State Police executed a search warrant on Mejia’s residence, workshop and vehicles where they seized approximately 29.53 grams of methamphetamine, $5,240.00 in cash, a pistol, ammunition, and drug paraphernalia. At the time, Mejia was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of a controlled substance and being a felon in possession of a firearm.
On June 11, 2015, Mejia pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. Mejia admitted that on Feb. 24, 2015, he possessed 29.53 grams of methamphetamine with intent to distribute. In his plea agreement, Mejia agreed to forfeit the weapon and ammunition seized during the investigation of the case.
This case was investigated by the Roswell office of the FBI, the Chaves County Sheriff’s Office and the New Mexico State Police. Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Navajo Man from Arizona Pleads Guilty to Federal Child Sexual Abuse Charges in New MexicoRead the Press Release
ALBUQUERQUE – Aaron Hubbard, 34, an enrolled member of the Navajo Nation who resides in Fort Defiance, Ariz., pled guilty this morning in federal court in Albuquerque, N.M., to a felony information charging him with abusive sexual contact of a minor child. Under the terms of his plea agreement, Hubbard will be sentenced to ten years in prison followed by not less than three years of supervised release. Hubbard will be required to register as a sex offender after completing his prison sentence.
Hubbard was arrested on Feb. 25, 2015, on an indictment alleging that he sexually abused the child victim from Sept. 1, 2011 through May 30, 2012, in the Navajo Indian Reservation in McKinley County, N.M.
During today’s change of plea hearing, Hubbard entered a guilty plea to an abusive sexual contact with a child charge. In entering his guilty plea, Hubbard admitted sexually molesting a Navajo child who was less than 12 years old from Sept. 1, 2011 through May 30, 2012. Hubbard committed the crime within the Navajo Indian Reservation.
Hubbard has been in the custody of the U.S. Marshals Service since his arrest and will remain detained pending his sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Crownpoint office of the Navajo Nation Division of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Raquel Ruiz-Velez as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Deming Man Arrested on Federal Child Pornography ChargesRead the Press Release
ALBUQUERQUE – Robert Steven Elliott, II, 32, of Deming, N.M., made his initial appearance this morning in federal court in Las Cruces, N.M., on a criminal complaint charging him with production and possession of visual depictions of minors engaged in sexually explicit conduct. Elliott remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for later this week.
The criminal complaint alleges that Elliott produced and possessed child pornography on or about Oct. 30, 2015, in Luna County, N.M. The investigation into Elliott began on Oct. 30, 2015, when a woman contacted law enforcement authorities to report that she discovered multiple photographs which she believed to be consistent with child pornography on a cellphone. The woman represented that the cellphone belonged to Elliott and surrendered the cellphone to the authorities.
Thereafter, law enforcement obtained a federal search warrant for the cellphone. The cellphone was found to contain multiple images of child pornography, including images of a child under the age of 12.
The penalty upon conviction on each of the production of child pornography charges is a mandatory minimum of 15 years and a maximum of 40 years in federal prison. The penalty upon conviction on the possession charge is a mandatory minimum of ten years and a maximum of 20 years in federal prison. Charges in criminal complaints are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Deming and Las Cruces offices of Homeland Security Investigations, the Luna County Sheriff’s Office, the El Paso Police Department, and the New Mexico Internet Crimes Against Children (ICAC) Task Force. Individuals with information about this matter are asked to contact Homeland Security Investigations at 575-525-7400.
Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 80 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Christopher Cook Appears in Federal Court on Indictment Charging a Violation of the Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Christopher Cook, 37, of Albuquerque, N.M., made his initial appearance in federal court this morning on an indictment charging him with violating the federal firearms laws, announced U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of ATF, Chief Gorden E. Eden, Jr., of the Albuquerque Police Department (APD), Special Agent in Charge Carol K.O. Lee of the Albuquerque Division of the FBI, and New Mexico State Police Chief Pete N. Kassetas.
U.S. Attorney Martinez said that Cook is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution based on their prior criminal convictions with the goal of removing them from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders with significant criminal conviction records from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Cook initially was charged with being a felon in possession of a firearm in a criminal complaint filed by ATF on Jan. 6, 2015. The criminal complaint alleged that Cook unlawfully possessed a firearm and ammunition on Jan. 3, 2015, when Cook shot an APD officer during a traffic stop in Bernalillo County, N.M. On March 10, 2015, Cook was indicted on that same charge. According to court records, Cook was prohibited from possessing either firearms or ammunition on Jan. 3, 2015, because he previously has been convicted of at least eleven felony offenses, including two involving attempted aggravated assaults on peace officers.
Cook was in state custody on related state charges from his arrest on Jan. 3, 2015, and until he was transferred to federal custody to face the charges in the federal indictment. Cook has entered a guilty plea to the state charges and is awaiting sentencing in state court
If convicted of the federal charge, Cook faces up to ten years in federal prison. If the court determines that Cook is an armed career criminal, Cook faces an enhanced sentence of a mandatory minimum of 15 years in prison to a maximum of life imprisonment. Charges in criminal complaints and indictments are mere accusations. Defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department, the U.S. Marshals Service, the Albuquerque office of the FBI, the Bernalillo County Sheriff’s Office and the New Mexico State Police with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney David M. Walsh is prosecuting the case.
Tony Torrez Charged with Violating Federal Narcotics Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – Tony Torrez, 31, of Albuquerque, N.M., has been charged with violating the federal narcotics trafficking and firearms laws in a criminal complaint filed by the DEA this afternoon. Torrez, who is currently in state custody on unrelated charges, will be transferred to federal custody to answer to the charges in the criminal complaint.
The criminal complaint charges Torrez with possession of marijuana with intent to distribute and using and carrying firearms in relation to drug trafficking crimes. Torrez allegedly committed the offenses on Oct. 21 and 22, 2015, in Bernalillo County, N.M.
According to the criminal complaint, the investigation resulting in the federal charges against Torrez began on Oct. 21, 2015, began when the Albuquerque Police Department (APD) received a tip about a suspect who allegedly shot and killed a child during a road rage incident and his place of residence. That day APD conducted surveillance at the residence where they observed a man, subsequently identified as Torrez, load items into a Toyota sedan. APD officers later conducted a traffic stop on the Toyota when a woman drove away from the residence in the Toyota. Shortly thereafter, APD officers conducted a traffic stop on a Lexus sedan that drove away from the residence and identified the driver as Torrez. APD sealed and towed the two vehicles to the APD Crime Lab.
The criminal complaint alleges that later on Oct. 21, 2015, APD obtained and executed a state search warrant at the residence where they located shoe boxes containing U.S. currency, paraphernalia and other items consistent with the use of marijuana, marijuana, and a substance believed to be “wax,” a concentrated form of THC oil processed from the marijuana plant. Thereafter, the DEA obtained a federal search for the residence and seized items and paraphernalia allegedly used for the distribution of marijuana and in the manufacture of THC “wax” and oil. DEA agents also seized the U.S. currency as well as documents and items allegedly confirming that Torrez resided at the residence.
On Oct. 22, 2015, DEA agents were present when state search warrants were executed on the Lexus and Toyota sedans. The Lexus allegedly contained a bag containing U.S. currency and a small amount of marijuana. The Toyota allegedly contained bags containing bulk marijuana and marijuana packaged for distribution, two revolvers, two assault rifles, ammunition, a bullet proof vest, a small amount of suspected cocaine, and drug paraphernalia. The criminal complaint alleges that the U.S. currency seized from the residence and the Toyota totaled approximately $64,000.00.
If convicted on the marijuana trafficking charge, Torrez faces a statutory maximum penalty of five years in federal prison. If convicted on the firearms charge, he faces a mandatory minimum of five years in prison which must be served consecutive to the sentence imposed on the marijuana charge. Charges in criminal complaints are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA, APD and the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.
California Man Sentenced to Federal Prison for Cocaine Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Gilbert Rosales, 43, of Dinuba, Calif., was sentenced yesterday in federal court in Albuquerque, N.M., to 60 months in prison followed by four years of supervised release for his cocaine trafficking conviction.
Rosales and his co-defendant Oscar Casillas-Nunez, were arrested in Oct. 2013, on a criminal complaint charging them with conspiracy to distribute cocaine after DEA agents found approximately 4.6 kilograms of cocaine in their baggage during an interdiction investigation at the Amtrak Train Station in Albuquerque on Oct. 16, 2013. Both men were indicted Oct. 30, 2013, and charged with conspiracy to distribute cocaine and possession of cocaine with intent to distribute in Bernalillo County, N.M.
On March 27, 2015, Rosales pled guilty to the indictment and admitted that on Oct. 16, 2013, he and Casillas-Nunez transported cocaine while traveling through Albuquerque on the Amtrak Train. Rosales further admitted that when the pair arrived in Albuquerque, he left the train to avoid police, and when police questioned Casillas-Nunez he abandoned the bag the cocaine was in and did not return to the train.
Casillas-Nunez has entered a plea of not guilty to the complaint and indictment and is currently scheduled for trial in Nov. 2015. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.
Acoma Pueblo Man Sentenced for Federal Misdemeanor Assault ChargeRead the Press Release
ALBUQUERQUE – Kevin Bernard Joe, 41, a member and resident of Acoma Pueblo, N.M., was sentenced yesterday in Santa Fe, N.M., to 11 months in prison followed by one year of supervised release for his misdemeanor conviction of assaulting an Indian woman.
Joe was arrested on April 27, 2015, on a criminal complaint charging him with an assault charge. According to the complaint, on March 23, 2015, the Acoma Pueblo Tribal Police Department was notified by the victim of an assault occurring on Acoma Pueblo in Cibola County, N.M. The complaint alleged that Joe assaulted the victim, an Acoma woman, by punching her and causing the victim to sustain injuries, including a laceration above her left eye. Joe was subsequently indicted on May 12, 2015, and charged with assault of an intimate partner resulting in substantial bodily injury.
On June 29, 2015, Joe entered a guilty plea to a misdemeanor information and admitted assaulting the victim by punching her with a closed fist. He also acknowledged that his assault caused the victim to suffer a laceration to the left eye that required medical attention.
This case was investigated by the Laguna/Acoma Agency of the BIA’s Office of Justice Services and the Acoma Pueblo Tribal Police Department. Assistant U.S. Attorney Raquel Ruiz-Velez prosecuted the case.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Three New Mexicans Charged with Fraudulently Selling Filipino-Made Jewelry as Native American-MadeRead the Press Release
Sixteen Search Warrants Executed in New Mexico and California as Part of Continuing Investigation into Alleged Violations of the Indian Arts and Crafts Act
Three New Mexicans have been charged with violating the Indian Arts and Crafts Act (IACA) by conspiring to import and fraudulently sell Filipino-made jewelry as Native American-made. The indictment charging the three defendants is the result of an ongoing federal investigation led by the U.S. Fish and Wildlife Service into an international scheme to violate the IACA that included a law enforcement operation yesterday during which 16 search warrants were executed in New Mexico and California and related investigative activity took place in the Philippines.
The IACA prohibits the offer or display for sale, or the sale of any good in a manner that falsely suggests that it is Indian produced, an Indian product, or the product of a particular Indian and Indian tribe. The law is designed to prevent products from being marketed as “Indian made,” when the products are not, in fact, made by Indians. It covers all Indian and Indian-style traditional and contemporary arts and crafts produced after 1935 and broadly applies to the marketing of arts and crafts by any person in the United States. IACA provides critical economic benefits for Native American cultural development by recognizing that forgery and fraudulent Indian arts and crafts diminish the livelihood of Native American artists and craftspeople by lowering both market prices and standards.
“American Indian and Alaska Native people have contributed tremendously to the cultural and artistic heritage of our nation and they have an important future that must be protected,” said Acting Associate Attorney General Stuart F. Delery. “This case demonstrates our willingness to prosecute those who falsely market products as ‘Indian Made’ and thus undermine the livelihoods of Native American artists and craftspeople, many of whom are responsible for carrying precious spiritual and artistic knowledge from one generation to another.”
“The indictment announced today and yesterday’s enforcement operation are not only about enforcing the law but also about protecting and preserving the cultural heritage of Native Americans,” said U.S. Attorney Damon P. Martinez for the District of New Mexico. “The cultural heritage of American Indians is a precious national resource and it is critically important that we provide the proper respect to those whose creations are seen by some as simple retail commodities to be exploited for profit.”
“As Chairman of the Indian Arts and Crafts Board, U.S. Department of the Interior, I want to convey the Board’s deep appreciation for the outstanding leadership and contributions provided by the U.S Attorney’s Office for the District of New Mexico and the U.S. Fish and Wildlife Service, along with the other agency partners who participated in bringing this landmark enforcement action under the Indian Arts and Crafts Act,” said Chairman Harvey Pratt of the Indian Arts and Crafts Board. “By requiring truth-in-marketing of Indian art and craftwork, the Act is intended to protect Native American artists and artisans who rely heavily on the production and sale of traditional and contemporary art and craftworks to provide their economic livelihood, preserve their rich heritage and pass along their unique culture from generation to generation. Unfair competition from counterfeit Native American art and craftwork seriously erodes the sustainability, vitality and economic well-being of Indian tribes and their members and businesses. The Act is also intended to protect the consumers who purchase Native American art, bringing much needed financial resources to Indian communities in the Southwest and across the country. Eliminating the flow of counterfeit Native American art and craftwork provides a level playing field for the highly talented, dedicated, and hard-working producers of genuine Native American art. We must protect these authentic American Treasures.”
“Under our 2012 cooperative agreement with the Indian Arts and Crafts Board, the U.S. Fish and Wildlife Service has investigated numerous potential violations of the Indian Arts and Crafts Act,” said Special Agent in Charge Nicholas E. Chavez for U.S. Fish and Wildlife Service’s Office of Law Enforcement for the Southwest Region. “Our investigations primarily have focused on identifying fraudulent schemes where jewelry is marketed and sold as authentic Native American adornments to defraud tourists and other consumers. Through these investigations, the U.S. Fish and Wildlife Service endeavors to protect and preserve the authenticity of jewelry produced by our country’s Native American artisans.”
The four-count indictment that was unsealed earlier today charges Nael Ali, 51, and Mohammad Abed Manasra, 53, both of Albuquerque, New Mexico, and Christina Bowen, 41, of Los Lunas, New Mexico, with conspiracy to violate IACA and three substantive violations of the Act. Ali is the owner of two jewelry stores, Gallery 8 and Galleria Azul, in Albuquerque’s Old Town that purport to specialize in the sale of Native American jewelry. Bowen was formerly employed as a store manager by Ali. Manasra holds himself out as a wholesaler of Native American jewelry.
Ali was arrested in Albuquerque yesterday and Bowen surrendered to the U.S. Marshals Service this morning. Both made their initial appearances in federal court in Albuquerque this morning and were released pending trial. Manasra was arrested yesterday in La Habra, California, and will be transferred to the District of New Mexico to face the charges against him. If convicted of the charges against them, the defendants each face a statutory maximum penalty of five years in prison and a $250,000.00 fine. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
During yesterday’s law enforcement operation and as part of the continuing investigation, federal agents executed 15 search warrants in New Mexico and one in California. Eight of the search warrants were executed in Albuquerque including four at retail and wholesale jewelry businesses. In addition, search warrants were executed at three jewelry stores in Gallup, three jewelry stores in Santa Fe and a jewelry production shop in Zuni. Federal agents also executed a search warrant at a jewelry store in Calistoga, California. Three federal seizure warrants also were executed on bank accounts in a Charlotte, North Carolina, bank and a San Francisco, California, bank. In addition, the Philippines National Bureau of Investigations conducted a series of investigative interviews at two factories in Cebu City, Philippines.
The case was investigated by the Office of Law Enforcement for the Southwest Region of the U.S. Fish and Wildlife Service with assistance from the FBI, Homeland Security Investigations (HSI), U.S. Marshals Service, DEA and New Mexico Department of Game and Fish. The U.S. Fish and Wildlife Service’s Office of Law Enforcement for Region Eight and California Department of Fish and Wildlife provided support in Calistoga, California, and HSI provided support in La Habra, California. The U.S. Fish and Wildlife Service Attaché for Southeast Asia and the Philippine National Bureau of Investigations provided support in Cebu City, Philippines. Assistant U.S. Attorney Kristopher N. Houghton is prosecuting the case.
Three New Mexicans Charged with Fraudulently Selling Filipino-Made Jewelry as Native American-MadeRead the Press Release
ALBUQUERQUE – Three New Mexicans have been charged with violating the Indian Arts and Crafts Act (IACA) by conspiring to import and fraudulently sell Filipino-made jewelry as Native American-made. The indictment charging the three defendants is the result of an ongoing federal investigation led by the U.S. Fish and Wildlife Service into an international scheme to violate the IACA that included a law enforcement operation yesterday during which 16 search warrants were executed in New Mexico and California and related investigative activity took place in the Philippines.
The IACA prohibits the offer or display for sale, or the sale of any good in a manner that falsely suggests that it is Indian produced, an Indian product, or the product of a particular Indian and Indian tribe. The law is designed to prevent products from being marketed as “Indian made,” when the products are not, in fact, made by Indians. It covers all Indian and Indian-style traditional and contemporary arts and crafts produced after 1935, and broadly applies to the marketing of arts and crafts by any person in the United States. IACA provides critical economic benefits for Native American cultural development by recognizing that forgery and fraudulent Indian arts and crafts diminish the livelihood of Native American artists and craftspeople by lowering both market prices and standards.
“American Indian and Alaska Native people have contributed tremendously to the cultural and artistic heritage of our nation and they have an important future that must be protected,” said Acting Associate Attorney General Stuart F. Delery. “This case demonstrates our willingness to prosecute those who falsely market products as ‘Indian Made’ and thus undermine the livelihoods of Native American artists and craftspeople, many of whom are responsible for carrying precious spiritual and artistic knowledge from one generation to another.”
“The indictment announced today and yesterday’s enforcement operation are not only about enforcing the law but also about protecting and preserving the cultural heritage of Native Americans,” said U.S. Attorney Damon P. Martinez. “The cultural heritage of American Indians is a precious national resource and it is critically important that we provide the proper respect to those whose creations are seen by some as simple retail commodities to be exploited for profit.”
“As Chairman of the Indian Arts and Crafts Board, U.S. Department of the Interior, I want to convey the Board’s deep appreciation for the outstanding leadership and contributions provided by the U.S Attorney’s Office for the District of New Mexico and the U.S. Fish and Wildlife Service, along with the other agency partners who participated in bringing this landmark enforcement action under the Indian Arts and Crafts Act,” said Chairman Harvey Pratt of the Indian Arts and Crafts Board. “By requiring truth-in-marketing of Indian art and craftwork, the Act is intended to protect Native American artists and artisans who rely heavily on the production and sale of traditional and contemporary art and craftworks to provide their economic livelihood, preserve their rich heritage, and pass along their unique culture from generation to generation. Unfair competition from counterfeit Native American art and craftwork seriously erodes the sustainability, vitality, and economic well-being of Indian tribes and their members and businesses. The Act is also intended to protect the consumers who purchase Native American art, bringing much needed financial resources to Indian communities in the Southwest and across the country. Eliminating the flow of counterfeit Native American art and craftwork provides a level playing field for the highly talented, dedicated, and hard-working producers of genuine Native American art. We must protect these authentic American Treasures.”
“Under our 2012 cooperative agreement with the Indian Arts and Crafts Board, the U.S. Fish and Wildlife Service has investigated numerous potential violations of the Indian Arts and Crafts Act,” said Nicholas E. Chavez, Special Agent in Charge for the United States Fish and Wildlife Service, Office of Law Enforcement for the Southwest Region. “Our investigations primarily have focused on identifying fraudulent schemes where jewelry is marketed and sold as authentic Native American adornments to defraud tourists and other consumers. Through these investigations, the U.S. Fish and Wildlife Service endeavors to protect and preserve the authenticity of jewelry produced by our country’s Native American artisans.”
The four-count indictment that was unsealed earlier today charges Nael Ali, 51, and Mohammad Abed Manasra, 53, both of Albuquerque, N.M., and Christina Bowen, 41, of Los Lunas, N.M., with conspiracy to violate IACA and three substantive violations of the Act. Ali is the owner of two jewelry stores, Gallery 8 and Galleria Azul, in Albuquerque’s Old Town that purport to specialize in the sale of Native American jewelry. Bowen was formerly employed as a store manager by Ali. Manasra holds himself out as a wholesaler of Native American jewelry.
Ali was arrested in Albuquerque yesterday and Bowen surrendered to the U.S. Marshals Service this morning. Both made their initial appearances in federal court in Albuquerque this morning and were released pending trial. Manasra was arrested yesterday in La Habra, Calif., and will be transferred to the District of New Mexico to face the charges against him. If convicted of the charges against them, the defendants each face a statutory maximum penalty of five years in prison and a $250,000.00 fine. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
During yesterday’s law enforcement operation and as part of the continuing investigation, federal agents executed 15 search warrants in New Mexico and one in California. Eight of the search warrants were executed in Albuquerque including four at retail and wholesale jewelry businesses. In addition, search warrants were executed at three jewelry stores in Gallup, three jewelry stores in Santa Fe, and a jewelry production shop in Zuni. Federal agents also executed a search warrant at a jewelry store in Calistoga, Calif. Three federal seizure warrants also were executed on bank accounts in a Charlotte, N.C., bank and a San Francisco, Calif., bank. In addition, the Philippines National Bureau of Investigations conducted a series of investigative interviews at two factories in Cebu City, Philippines.
The case was investigated by the Office of Law Enforcement for the Southwest Region of the U.S. Fish and Wildlife Service with assistance from the FBI, Homeland Security Investigations (HSI), U.S. Marshals Service, DEA and New Mexico Department of Game and Fish. The U.S. Fish and Wildlife Service’s Office of Law Enforcement for Region Eight and California Department of Fish and Wildlife provided support in Calistoga, Calif., and HSI provided support in La Habra, Calif. The U.S. Fish and Wildlife Service Attaché for Southeast Asia and the Philippine National Bureau of Investigations provided support in Cebu City, Philippines. Assistant U.S. Attorney Kristopher N. Houghton is prosecuting the case.
Statement by U.S. Attorney Damon P. Martinez on Assassination of Albuquerque Police Officer Daniel Webster in Line of DutyRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez released the following statement regarding the death of Albuquerque Police Officer Daniel Webster:
“We were deeply saddened to learn that Officer Daniel Webster did not survive the senseless act of violence he suffered in the line of duty on the evening of October 21, 2015. We offer our deepest condolences to Michelle Carlino-Webster, the widow of this fallen hero, and the rest of his family and loved ones, and we condemn the despicable act that took Officer Webster from us in the strongest possible terms.
“Officer Webster was a dedicated law enforcement officer and a true patriot who served his country in the U.S. Army for 20 years. He leaves behind an enduring legacy that will live on in the lives he touched; in the work that the men and women of the Albuquerque Police Department continue to perform; and in a city and world that are safer because of his devoted service. His loss underscores the real dangers that are routinely faced by those who protect and serve their fellow citizens, and will be a constant reminder that we are deeply indebted to our law enforcement officers for placing their lives on the line each and every day in order to preserve public safety.
“The thoughts and prayers of the entire federal law enforcement community are with Officer Webster’s family and loved ones during this very difficult time. As we go forward, the Justice Department will honor Officer Webster’s service and his sacrifice by fighting for the values he protected every day, and by safeguarding the community for which he gave his life.”
Farmington Woman Sentenced to Prison for Committing Wire Fraud to Facilitate Scheme to Defraud Insurance CompaniesRead the Press Release
ALBUQUERQUE – Michelle Smith, 33, of Farmington, N.M., was sentenced this morning in federal court in Albuquerque, N.M., to 18 months in prison followed by three years of supervised release for committing wire fraud in furtherance of a scheme to defraud insurance companies. Smith also was ordered to pay restitution in the amount of $324,239.00, which represents a portion of the profit she derived from her criminal activity.
Smith was charged in Feb. 2014, in an indictment that included 14 counts of wire fraud and four counts of aggravated identity theft. The charges arose out of Smith’s scheme to defraud Allstate Workplace Division and American Heritage Life Insurance (Allstate) of approximately $324,239.00 in advance commissions by submitting fraudulent policy enrollments. At the time of the offenses charged in the indictment, Smith was employed by Wells Insurance Agencies (Wells), exclusive brokers for Allstate with offices in Farmington, as an insurance agent to sell Allstate insurance policies.
According to the indictment, Allstate paid its brokers a commission for each Allstate insurance policy the broker sold. When Allstate received a new policy enrollment, Allstate paid the broker an advance commission amounting to a percentage of six months’ work of premiums on the policy. If the enrollee canceled the policy or fails to pay premiums for six months, the broker was required to return the advance commission to Allstate. When Smith was employed by Wells, Wells paid Smith 70% of the advance commissions she generated by submitting Allstate insurance policy enrollments.
The indictment alleged that from Aug. 2009 through May 2010, Smith devised and engaged in a scheme to defraud Allstate and Wells by submitting fraudulent policy enrollments and obtaining advance commissions to which she was not entitled. During the ten month period, Smith submitted enrollments in the names of approximately 150 different enrollees for a total of approximately 505 Allstate insurance policy enrollments. The enrollment forms transmitted electronically to Allstate by Smith were in the names of individuals who had not purchased insurance from Allstate and had forged signatures.
On April 23, 2015, Smith pled guilty to Count 13, a wire fraud charge, of the Indictment and admitted that between Nov. 2009 and April 2010, she devised a scheme to fraudulently obtain advance commission payments from Allstate and Wells. She further admitted facilitating the scheme by submitting 505 insurance policy enrollments to Allstate, all of which were fraudulent because none of the persons listed on the enrollment forms had agreed to purchase insurance policies from Allstate. Smith acknowledged that as a result of her fraudulent scheme, Allstate issued approximately $324,239.00 in advance commission payments and that she personally received at least $128,371.00 of those payments.
This case was investigated by the Farmington office of the FBI and was prosecuted by Assistant U.S. Attorney Jeremy Peña.
Dulce Man Sentenced to Prison for Failing to Update His Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – McQuade Quintana, 29, of Dulce, N.M., was sentenced today in federal court in Albuquerque, N.M., to 22 months in prison followed by three years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA). Quintana will also be required to register as a sex offender following his term of incarceration. The sentence was announced by U.S. Attorney Damon P. Martinez and U.S. Marshall Conrad E. Candelaria.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Quintana was arrested on Nov. 25, 2014, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. On Dec. 16, 2014, Quintana was indicted for failing to update his registration between Oct. 10, 2014 and Nov. 25, 2014, in Bernalillo County, N.M.
According to court filings, Quintana was convicted of aggravated sexual abuse of a child in Jan. 2006. On Sept 30, 2010, Quintana registered as a sex offender in Bernalillo County and agreed to notify the sheriff of the county to which he moved if he relocated outside of the county. Quintana last registered as a sex offender on March 16, 2011, in Rio Arriba County, and subsequently failed to notify the New Mexico Department of Public Safety or the Bernalillo County Sheriff’s Office that he had moved or to update his sex offender registration as required by SORNA.
On June 18, 2015, Quintana pled guilty to a felony information and admitted that between Oct. 10, 2014 and Nov. 25, 2014, he failed to register as a sex offender in Bernalillo County. Quintana also admitted that on Sept. 5, 2014, he was approved to reside at a residential reentry program in Albuquerque by the U.S. Probation Office and that he left the program without permission on Oct. 10, 2014.
This case was investigated by the U.S. Marshals Service and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Carlsbad Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Gary Nicholas Allen, 30, of Carlsbad, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Allen was arrested on June 23, 2015, on a criminal complaint alleging that he possessed methamphetamine with intent to distribute in Eddy County, N.M., on April 8, 2015. According to the complaint, Pecos Valley Drug Task Force agents executed a search warrant at a residence in Carlsbad where they seized $3,284.00 in cash, approximately 40 gross grams of methamphetamine, a loaded semi-automatic firearm, and drug paraphernalia.
Allen was subsequently indicted on Sept. 16, 2015, and charged with possession of methamphetamine with intent to distribute on April 8, 2015, in Eddy County.
During today’s proceedings, Allen pled guilty to the indictment and admitted that on April 8, 2015, he possessed approximately 33 grams of methamphetamine which he planned to distribute to others. Allen further admitted that a loaded semi-automatic firearm was also found in his residence.
At sentencing, Allen faces a statutory maximum of 20 years in federal prison followed by not less than three years of supervised release. He remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces office of the DEA and the Pecos Valley Drug Task Force. Assistant U.S. Attorney Mark A. Saltman of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Albuquerque Woman Sentenced to Federal Probation for Embezzling Social Security Administration FundsRead the Press Release
ALBUQUERQUE – Judith Ann Sanchez, 60, of Albuquerque, N.M., was sentenced today in federal court to three years of probation for her theft of government property conviction. Sanchez was also ordered to pay $384,579.11 in restitution to the Social Security Administration (SSA) which represents the money she fraudulently obtained from the SSA.
Sanchez pled guilty on May 5, 2015, to a felony information charging her with theft of government property. In entering the guilty plea, Sanchez admitted that from Oct. 1, 1990 through April 2012, she embezzled money from SSA in the form of Supplemental Security Income Program benefits, Supplemental Nutrition Assistance Program benefits and Medicaid benefits. Sanchez admitted she received payments from these programs in the total amount of $384,579.11 to which she was not entitled.
This case was investigated by the Social Security Administration and was prosecuted by Assistant U.S Attorney Paul Mysliwiec.
*****media Advisory*****Read the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez, Chairman Harvey Pratt of the Indian Arts and Crafts Board and Special Agent in Charge Nicholas E. Chavez of the U.S. Fish and Wildlife Service, Office of Law Enforcement for the Southwest Region, will hold a press conference at 1:00 P.M. on THURSDAY, OCTOBER 29, 2015, to announce a significant law enforcement action relating to an Indian Arts and Crafts Act investigation.
WHO: U.S. Attorney Damon P. Martinez, Chairman Harvey Pratt of the Indian Arts and Crafts Board, Special Agent in Charge Nicholas E. Chavez, U.S. Fish and Wildlife Service, Office of Law Enforcement for the Southwest Region
WHEN: THURSDAY, OCTOBER 29, 2015, 1:00 p.m. MDT
WHERE: U.S. Attorney’s Office of the District of New Mexico
201 Third Street NW
10th Floor Multi-Media Room (Reception on Ninth Floor)
Albuquerque, NM 87102
OPEN PRESS
NOTE: All media must present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials (which must be worn around the neck or pinned to clothing at all times). Media may begin to arrive at 12:45 p.m. MDT. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or [email protected].
San Juan County Resident Charged with Violating the Federal Firearms Laws in AlbuquerqueRead the Press Release
ALBUQUERQUE – Jose Velasquez, 29, a resident of San Juan County, N.M., was arraigned this morning in federal court on an indictment charging him with being a felon in possession of a firearm and ammunition. Velasquez entered a not guilty plea and remains in federal custody pending trial.
The federal charge against Velasquez was announced by U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD).
Velasquez was arrested on state charges on Aug. 4, 2015, and subsequently was charged in a federal criminal complaint on Aug. 17, 2015, with being a felon in possession of a firearm and ammunition. According to the criminal complaint, Velasquez was arrested on state charges by APD officers after they observed him walking near the area of Sunshine Terrace SE and University Blvd. SE in Albuquerque while allegedly armed with a handgun. According to court filings, the officers allegedly found a semiautomatic pistol, ammunition and a small quantity of heroin in Velasquez’s pants pocket.
Thereafter, Velasquez was charged in an indictment on Sept. 10, 2015, with being a felon in possession of a firearm and ammunition on Aug. 4, 2015, in Bernalillo County, N.M. According to the indictment, Velasquez was prohibited from possessing firearms or ammunition because he previously had been convicted of armed robbery with a deadly weapon and aggravated battery on a peace officer in state court in San Juan County, N.M.
Velasquez was held in state custody on related state charges until he was transferred to federal custody to face the charges in the federal indictment. The state charges have been dismissed in favor of federal prosecution. If convicted of the charge in the indictment, Velasquez faces a statutory maximum penalty of ten years in prison. Charges in complaints and indictments are merely accusations and criminal defendants are presumed innocent unless convicted in a court of law.
This case was investigated by the ATF office in Albuquerque and APD with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, under this initiative.
Las Cruces Resident Sentenced to Five Years in Federal Prison for Heroin Trafficking and Firearms Charges in Doña Ana CountyRead the Press Release
ALBUQUERQUE – Jorge Carillo, 34, of Las Cruces N.M., was sentenced today in Las Cruces federal court to five years in federal prison followed by four years of supervised release for heroin trafficking and firearms charges in connection with five cases filed in 2013, as the result of a multi-agency investigation into drug trafficking in Doña Ana County, N.M.
Carillo, together with a Mexican national and 19 other Las Cruces residents, were charged with heroin trafficking offenses in five indictments filed in Nov. 2013, as a result of a multi-agency investigation led by the FBI that targeted the heroin trafficking activities of Jovita Belmonte-Gonzalez in Doña Ana County. Belmonte-Gonzales, 46, a Mexican national from Ciudad Juarez, Chihuahua, Mexico, was named as the lead defendant in four of five indictments which charged her with supplying heroin to five drug trafficking organizations that distributed heroin in Doña Ana County.
The lead defendant, Belmonte-Gonzalez, pled guilty to heroin trafficking charges in four of the five cases in June 2014, and admitted conducting frequent heroin transactions with her co-defendants between June 2013 and Oct. 2013. Court records reflect that Belmonte-Gonzalez typically negotiated heroin sales by telephone from Juarez and her co-defendants traveled from Doña Ana County to Juarez where they purchased the heroin from her and later distributed the drugs in Doña Ana County. Belmonte-Gonzales faces a mandatory minimum of ten years in prison and a maximum of life in prison, and will be deported after she completes her prison sentence. She remains in federal custody pending her sentencing hearing, which has yet to be scheduled.
On Oct. 7, 2014, Carillo pled guilty to conspiracy, being a felon in possession of a firearm on June 27, 2013, in Doña Ana County and being a felon in possession of a firearm on Nov. 15, 2013, in Doña Ana County. Carillo was prohibited from possessing firearms or ammunition because he previously had been convicted of residential burglary and unlawful taking of a motor vehicle.
All 21 of the defendants arrested as a result of the investigation have entered guilty pleas. Eighteen defendants have been sentenced, and the rest are currently awaiting sentencing hearings.
These cases are being prosecuted by Assistant U.S. Attorney E. Garreth Winstead, III, of the U.S. Attorney’s Las Cruces Branch Office. The investigation leading to the charges in the four cases was led by the Las Cruces office of the FBI in collaboration with U.S. Customs and Border Protection, the U.S. Border Patrol, the Las Cruces office of the DEA, the U.S. Marshals Service, the Las Cruces Police Department and the Doña Ana County Sheriff’s Office.
The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Kewa Pueblo Man Sentenced to Federal Prison for Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Quincy Coriz, 39, a member and resident of Kewa Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 24 months in prison followed by five years of supervised release for abusive sexual contact of a child under the age of 16. Coriz will be required to register as a sex offender after completing his prison sentence.
Coriz was arrested on March 11, 2015, on an indictment charging him with abusive sexual contact in summer 2013, in Indian Country in Sandoval County, N.M.
On May 7, 2015, Coriz pled guilty to the indictment and admitted to sexually assaulting the victim, by making sexual contact with the victim over the clothing. The victim is a tribal member who was under the age of 16 but over the age of 12.
This case was investigated by the BIA’s office of Justice Services. The case was prosecuted by Assistant U.S. Attorney David Adams as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Albuquerque Man Sentenced to Federal Prison for Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Pablo Rocha, 34, of Albuquerque, N.M., was sentenced today in federal court in Las Cruces, N.M., to 151 months in prison followed by five years of supervised release for his methamphetamine trafficking conviction.
Rocha was arrested in Aug. 2013, and co-defendants Tony Daugherty, 47, also of Albuquerque, and Danielle McKee, 25, and Wilson Smith, 47, both of Alamogordo, N.M., were charged on Aug. 27, 2013, in an indictment charging them with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute. The indictment alleged that the conspiracy existed from July 30, 2013 through Aug. 7, 2013, in Otero and Bernalillo Counties, N.M.
The indictment was superseded on Dec. 17, 2013, to add Fabian Jaquez-Lazo, 25, a Mexican national residing in Albuquerque, as a defendant. In addition to charging all four defendants with participation in a methamphetamine distribution conspiracy, the superseding indictment also included four substantive counts charging the defendants with distributing methamphetamine in Bernalillo and Otero Counties.
On April 10, 2014, Rocha plead guilty to the superseding indictment and admitted that on July 31, 2013, he and his co-conspirators distributed 84.1 grams of methamphetamine to an undercover agent in Bernalillo County. Rocha also admitted they distributed 120.2 grams of methamphetamine to an undercover agent on Aug. 7, 2013, in Otero County. He also admitted that he and Daugherty distributed 16u grams of methamphetamine to an undercover agent in Bernalillo County on Aug. 15, 2013, and that on Aug. 29, 2013 he, Daugherty and Jaquez-Lazo distributed 201.2 grams of methamphetamine to an undercover agent.
On April 3, 2014, Jaquez-Lazo pled guilty to the conspiracy count and a distribution count of the superseding indictment. The next day, Daugherty pled guilty to all counts of the superseding indictment against him. On April 10, 2014, Smith pled guilty to the conspiracy count and two distribution counts of the superseding indictment. All three men remain in custody pending sentencing hearings.
This case was investigated by the FBI, DEA, the HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force and is being prosecuted by Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The HIDTA Regional Interagency Drug Task Force/Metro Narcotics Task Force is comprised of officers from the Las Cruces Police Department, the Doña Ana County Sheriff’s Office, the FBI, HSI and the New Mexico State Police. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
San Felipe Pueblo Man Sentenced to Prison for Federal Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Vincent Ortiz, 45, a member and resident of San Felipe Pueblo, was sentenced this morning in federal court in Santa Fe, N.M., to 50 months in prison followed by five years of supervised release for his sexual abuse conviction. Ortiz will be required to register as a sex offender after he completes his prison sentence.
Ortiz was arrested in July 2014, on an indictment charging him with sexual abuse and assault with a dangerous weapon. According to court filings, on July 5, 2014, Ortiz sexually assaulted a Kewa Pueblo woman and assaulted a San Felipe Pueblo man in San Felipe Pueblo in Sandoval County, N.M.
On Oct. 23, 2014, Ortiz entered a guilty plea to Count 1 of the indictment, charging him with sexual abuse. In entering the guilty plea, Ortiz admitted sexually abusing the victim on July 5, 2014, by engaging in a sexual act with the victim who at the time was incapable or unable to decline participation in the act.
This case was investigated by the Southern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney David Adams.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Previously Deported Mexican National Sentenced to Ten Years in Federal Prison for Illegal ReentryRead the Press Release
ALBUQUERQUE – A previously deported felon from Mexico was sentenced today in federal court in Las Cruces, N.M., to 120 months in federal prison for his conviction for unlawfully reentering the United States. He will be deported after completing his prison sentence.
Roman Enrique Delgado-Montoya, 54, of Veracruz, Mexico, was charged on June 2, 2014, in a criminal complaint with illegally reentering the United States after having been convicted of an aggravated felony. Delgado-Montoya had previously been deported from the United States on Feb. 10, 2014, after he was convicted in Sept. 2009, of Arson in Calif.
Delgado-Montoya was subsequently indicted on Jan. 14, 2015, and charged with unlawful reentry into the United States. Delgado-Montoya committed the offense in Sunland Park, Doña Ana County, N.M. On May 22, 2015, Delgado-Montoya pled guilty to the indictment without the benefit of a plea agreement.
Court proceedings revealed that, over the years, Delgado-Montoya has used at least 39 aliases and has at least 17 prior criminal convictions. He also has been arrested on at least 20 other occasions in cases which have either been dismissed or for which there is no information as to disposition. Delgado-Montoya’s prior convictions include vehicle theft, tampering with a vehicle, multiple burglaries, receiving stolen property, possession of burglary tools, cocaine distribution, possession of narcotics, falsely claiming U.S. citizenship, vehicle theft, being an aggravated felon receiving stolen property, arson and illegal entry into the United States.
This case was investigated by the Doña Ana station of the U.S. Border Patrol. Assistant U.S. Attorneys Brock Taylor, Edwin Garreth Winstead, III, and Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates under this initiative.
Laguna Pueblo Man Sentenced to Federal Prison for Domestic Assault by a Habitual Offender ConvictionRead the Press Release
ALBUQUERQUE – Anthony Riley, 38, was sentenced this morning in federal court in Albuquerque, N.M., to 13 months in prison to be followed by five months of residential treatment for his domestic assault by a habitual offender conviction. Thereafter, Riley will be on supervised release for a period of three years.
Riley, a member and resident of Laguna Pueblo, N.M., was arrested on May 1, 2015, on a criminal complaint charging him with domestic assault of an intimate partner by a habitual offender on March 4, 2015, in Indian Country in Cibola County, N.M. According to the criminal complaint, Riley was charged as a habitual offender based on his two prior domestic violence convictions in Laguna Tribal Court. Laguna Tribal Court records reflect that Riley’s prior convictions occurred in 2005 and 2009, and that the victim in those two incidents was Riley’s intimate partner. Riley was subsequently indicted on the same charge on May 28, 2015.
On July 21, 2015, Riley pled guilty to the indictment and admitted that on March 4, 2015, he assaulted the victim, his intimate partner by striking her in the head and face with his fists. He also acknowledged his prior tribal court domestic violence convictions.
This case was investigated by the Laguna Agency of the BIA’s Office of Justice Services and the Pueblo of Laguna Tribal Police Department. The case was prosecuted by Assistant U.S. Attorney David Adams pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Jicarilla Apache Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Christian Quintana, 20, an enrolled member of the Jicarilla Apache Nation who resides in Dulce, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a federal assault charge under a plea agreement with the U.S. Attorney’s Office.
Quintana was arrested on March 2, 2015, on an indictment charging him with assault with a dangerous weapon with intent to do bodily harm and assault resulting in serious bodily injury. The crimes charged in the indictment took place on July 19, 2014, in Indian Country in Rio Arriba County, N.M.
During today’s hearing, Quintana pled guilty to assault with a dangerous weapon and admitted that on July 19, 2014, during a physical confrontation with the victim, he pulled a knife out of his pocket and stabbed the victim twice. Quintana further admitted that as a result of the stabbing, the victim sustained a punctured lung that required surgery to repair.
Under the terms of his plea agreement, Quintana will be sentenced to a maximum of 24 months in prison followed by a term of supervised release to be determined by the court. Quintana is in federal custody pending a sentencing hearing has yet to be scheduled.
This case was investigated by the Jicarilla Apache Tribal Police Department and is being prosecuted by Assistant U.S. Attorney David Adams.
Former Employee of Yatahey Contract Postal Unit Pleads Guilty to Federal Misdemeanor Embezzlement ChargeRead the Press Release
ALBUQUERQUE – Ahmed Abder-Rahman, 25, of Gallup, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to a misdemeanor charge of theft of government property. Under the terms of his plea agreement, Abder-Rahman will be sentenced to a term of probation and ordered to pay $10, 242.00 in restitution to the U.S. Postal Service (USPS), the victim of his criminal conduct.
Abder-Rahman was arrested on June 18, 2015, on an indictment charging him with theft of government property and theft of money orders. According to the indictment, Abder-Rahman stole 13 money orders with a total value of $10,242.00 from the Yatahey Contract Postal Unit (CPU) of the USPS from April 30, 2014 through May 12, 2014, in McKinley County, N.M. At the time the crimes were committed, Abder-Rahman was employed by the Yatahey CPU.
During today’s plea hearing, Abder-Rahman pled guilty to a misdemeanor information charging him with theft of government property. In entering his guilty plea, Abder-Rahman admitted that he had access to USPS funds, supplies and equipment at the Yatahey CPU, and fraudulently negotiated money orders in the aggregate amount of $10,242.00 in April and May 2014, without having received the money payable on the money orders. Court records reflect that Abder-Rahman used some of the money to pay off personal debts.
A sentencing hearing for Abder-Rahman has yet to be scheduled.
This case was investigated by the U.S. Postal Service Office of Inspector General and is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez.
Deming Residents Sentenced to Lengthy Federal Prison Terms for Kidnapping and Firearms ConvictionsRead the Press Release
ALBUQUERQUE – This morning a U.S. District Court Judge sitting in Las Cruces, N.M., sentenced Jessie Hopper, Sr., 55, and Polly Hopper, 61, of Deming, N.M., to lengthy prison terms for their convictions on conspiracy, kidnapping and firearms charges. Hopper, Sr. was sentenced to 366 months (30.5 years) in prison followed by five years of supervised release, while his sister, Polly Hopper, was sentenced to 292 months (24.3 years) in prison followed by five years of supervised release.
The sentences imposed on the Hoppers were announced by U.S. Attorney Damon P. Martinez, 6th Judicial District Attorney Francesca Martinez-Estevez, Special Agent Carol K.O. Lee of the Albuquerque Division of the FBI, Special Agent in Charge Thomas G. Atteberry of the Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New Mexico State Police Chief Pete Kassetas and Luna County Sheriff Jonathon Mooradian.
“Jessie Hopper, Sr., and Polly Hopper, were both prosecuted under the federal ‘worst of the worst’ anti-violence initiative because of their extensive prior criminal histories, which included convictions for attempted murder, and the despicable nature of the violent crimes they were convicted of in this case,” said U.S. Attorney Damon P. Martinez. “Through this initiative, the federal law enforcement community is working with its state, local and tribal partners to make New Mexico safer by taking violent and repeat offenders like the Hoppers off our streets for as long as possible.”
“The 6th Judicial District Attorney’s Office is proud of its role in bringing about the sentencings imposed today on Jessie Hopper, Sr., and Polly Hopper,” said 6th Judicial District Attorney Francesca Martinez-Estevez. “Prosecutors from my office worked closely with local, county and state law enforcement officers to preserve the crime scene and gather the evidence that supported the federal convictions in this case, and our victim advocates supported the victim and her family in the aftermath of the victim’s traumatic experience. Working together with our partners at the FBI, ATF and U.S. Attorney’s Office, we were able to bring justice to the victim.”
“Today’s sentencings send a strong message the FBI and its law enforcement partners will aggressively investigate and prosecute violent crime,” said Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division. “The FBI would like to thank the U.S. Attorney's Office and the other federal, state and local agencies that worked closely together and made the successful resolution of this case possible.”
Hopper, Sr., Polly Hopper, and their co-defendant Jessie A. Hopper, Jr., 30, also of Deming, were arrested in June 2014, on a federal criminal complaint charging them with kidnapping and firearms charges. The three defendants subsequently were charged with conspiracy and kidnapping in a six-count indictment filed in May. 2014. The indictment also charged Hopper, Sr., and Hopper Jr., with brandishing a firearm in relation to a crime of violence, being felons in possession of firearms, and unlawfully possessing a sawed-off shotgun.
Hopper, Jr., entered a guilty plea to the five charges against him on Nov. 21, 2014. At sentencing, he faces a maximum of life imprisonment on the kidnapping charges as well as a seven-year prison sentence for brandishing a firearm that must be served consecutive to any sentence imposed on the kidnapping charges. Hopper, Jr., remains in federal custody pending a sentencing hearing which has yet to be scheduled.
On Feb. 27, 2015, a federal jury returned a verdict finding Hopper, Sr., and Polly Hopper guilty on all charges against them after a five-day trial. The evidence at trial established that Hopper, Jr., and Hopper, Sr., kidnapped the victim in Hot Springs, Ark., on May 8, 2014, with the assistance of Polly Hopper. Hopper, Jr., handcuffed the victim and a firearm was brandished at the victim to force her to comply with Hopper, Jr.’s demands, including a demand that she telephone family members to assure them that she was voluntarily leaving Arkansas with Hopper, Jr. On May 8 and 9, 2014, the defendants drove the victim from Arkansas to the defendants’ residence in Deming, where Hopper, Jr., and Hopper Sr., sexually assaulted the victim several times.
The three defendants initially were arrested by the New Mexico State Police on state charges on May 10, 2014. They remained in state custody until they were transferred to federal custody on May 16, 2014, to face the charges in this federal case. The state charges, which were filed by the 6th Judicial District Attorney’s Office for the State of New Mexico, were dismissed in favor of federal prosecution.
ATF Special Agent in Charge Thomas G. Atteberry said, “Taking violent criminals off the streets and putting them behind bars has always been a focus of ATF and our enforcement mission in New Mexico. I commend the agents and officers who repeatedly risked their lives to remove these violent offenders from our communities. I also wish to recognize the leadership of U.S. Attorney Damon P. Martinez and his office in their relentless prosecution of these violent offenders.”
“The cooperative effort between law enforcement agencies has made our communities safer,” said New Mexico State Police Chief Pete Kassetas. “This case is a great example of how local, state and federal law enforcement agencies are working with State District Attorneys and the U.S. Attorney to prosecute violent criminals. I cannot express my gratitude enough to all the agencies involved.”
“It is always encouraging when local, state and federal law enforcement partners work together for the good of our communities,” said Luna County Sheriff John Mooradian. “When we share resources and intelligence, we truly get the upper hand on the criminal element. My hope now is that the victim in this case was able to get the help and support necessary to move beyond this ordeal.”
This case was investigated by the Las Cruces office of the FBI, the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Mexico State Police and the Luna County Sheriff’s Office, with assistance from the 6th Judicial District Attorney’s Office for the State of New Mexico. The FBI in Little Rock, Ark., the Garland County (Arkansas) Sheriff’s Office, and the U.S. Attorney’s Office for the Western District of Arkansas also assisted in the investigation. The case is being prosecuted by Assistant U.S. Attorneys Randy M. Castellano and Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office.
The case against the Hoppers is being prosecuted as part of a federal anti-violence initiative that targets “the worst of the worst” offenders based primarily on their criminal histories for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rates, on a per capita basis, are amongst the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Luna County under this initiative.